DocketNumber: No. CV89 02 93 90S
Citation Numbers: 1992 Conn. Super. Ct. 9831, 7 Conn. Super. Ct. 1275
Judges: FLYNN, J.
Filed Date: 10/29/1992
Status: Non-Precedential
Modified Date: 4/18/2021
The plaintiff has filed the following special defense:
CT Page 9832 "The counterclaim of the defendant, Maria Torrado, fails to state a claim upon which relief can be granted."
This pleading fails to plead any facts at all much less the kind of facts required by the rules of practice. It is a legally deficient pleading because of its lack of factual assertions consistent with the allegations of the counterclaim but showing that notwithstanding the counterclaim's allegations there is no cause of action.
The plaintiff Aetna urges that Provisions of Practice Book 251 does not permit the filing of this Motion to Strike because the case has appeared on a dormant list and consequently that rule restricts the defendant to filing an answer as the responsive pleading. However, that very rule permits a court to order otherwise. Such an "otherwise" order is appropriate here.
The counterclaiming defendant's Motion to Strike is granted.
FLYNN, J.